LEGAL REPORT/Litigation
Be a litigation star
Up your game with these tips from top litigators for
successful discoveries and examinations.
T
here are many things to
consider when it comes
to litigation, especially
for those who are new
to the game. Part of it is
learning from experience, however, it
doesn���t hurt to get tips from some seasoned litigators. A panel of experienced
counsel offered advice on what to do
and what not to do during discovery,
examination in chief, and cross-exam-
ination at a seminar on civil litigation
at the Ontario Bar Association Institute
in February.
Discovery
The panellists emphasize the importance
of preparation ��� not only by you the lawyer, but your clients too. Barry Weintraub,
a partner at Rueter Scargall Bennett LLP,
says you need to explain the overall context and importance of the process to your
client. ���You need to drive home to the
witness the importance of the examination in the overall context of the case,��� he
tells Canadian Lawyer. ���It���s not something
that is to be taken lightly, and a lot of times
what you need to guard against is a client
who thinks that it���s a simple matter of just
showing up and answering the questions
without being prepared for it.���
Richard Swan, a partner at
Bennett Jones LLP and co-head of its
www.CANADIAN
L a w ye r m a g . c o m
April
2013
43
Marco Cibola
By Heather Gardiner
